A stunning court filing has put Democratic Rep. Eric Swalwell’s bid for California governor under serious scrutiny.
On Jan. 8, conservative activist and filmmaker Joel Gilbert filed a complaint in Sacramento, alleging that Swalwell is ineligible to run for governor due to residency issues. The filing claims Swalwell primarily resides in Washington, D.C., not California, violating the state’s constitutional requirement for gubernatorial candidates.
Public records cited in the petition show no current property ownership or leasehold interest by Swalwell in California, raising questions about his legal standing to enter the race.
Swalwell, a married father of three who was born in Iowa and raised in California, has a long political history in the state, including a stint on the Dublin city council starting in 2010 before joining Congress in 2013.
He entered the governor’s race last year, positioning himself as a potential successor to Gov. Gavin Newsom, who was elected in 2018, re-elected four years later, and is now term-limited. Representatives for Swalwell have not yet responded to requests for comment on the allegations.
The issue has ignited fierce debate over what it means to be a resident under California law. Critics point out that the state constitution is clear on this matter, requiring candidates to have lived in California for at least five years before the election, the New York Post reported. This isn’t just bureaucratic nitpicking—it’s about ensuring leaders are truly tied to the state they aim to govern.
Gilbert’s complaint leans heavily on Article V, section II of the California Constitution, which states, “The governor shall be an elector who has been a citizen of the United States and a resident of this state for 5 years immediately preceding the governor’s election.”
That’s a hard line, and if Swalwell can’t prove his roots in California, he’s got a real problem. The filing also notes that a California address listed in Swalwell’s campaign documents from Dec. 4 appears to be his lawyer’s office, not a personal residence.
Then there’s the property angle—Gilbert claims, “Public records searches reveal no current ownership or leasehold interest held by Eric Swalwell in California.” If true, this isn’t just a technicality; it suggests a disconnect from the Golden State that voters might find troubling. How can you lead a state you don’t even call home?
Swalwell’s financial disclosures from 2011 to 2024, according to the petition, show no real estate holdings in California. That’s over a decade of congressional records with no apparent anchor in the state he wants to govern. It paints a picture of someone more rooted in the D.C. bubble than in California’s diverse communities.
Long-serving members of Congress often keep homes in both Washington and their home states, and the lines can blur. But in Swalwell’s case, Gilbert argues the balance tips too far toward the nation’s capital. This isn’t just about logistics; it’s about loyalty to the people you represent.
Gilbert’s petition demands Swalwell be removed from the ballot, a bold move that could reshape the race to replace Newsom, who is reportedly eyeing a presidential bid. If successful, this challenge might force candidates to rethink how they define “home.” It’s a wake-up call for politicians who straddle two worlds.
The activist isn’t mincing words about the implications of his findings. He’s framing this as a binary choice with no middle ground. If Swalwell’s primary residence is indeed in D.C., the legal fallout could be significant.
Gilbert told the Daily Mail, “Either he’s guilty of mortgage fraud in Washington, DC, or he’s ineligible to run for governor of California.” That’s a sharp accusation, cutting to the heart of trust in public office.
If you’re claiming one residence for financial gain and another for political ambition, what does that say about integrity?
California’s term limits have already set the stage for a competitive gubernatorial race, with Newsom barred from running again. Swalwell’s entry was seen by many as a strong progressive bid to continue Newsom’s policies. But now, this residency hurdle could derail those plans before they even gain traction.
